STATE OF MYSORE Vs. GURUPADAPPA APPAYYAPPA KARDESAI

JUDGEMENT

(1.) The Nyaya Panchayat of Ankalgi village, Gokak Taluk, Balgaum District, constituted under the Bombay Village Panehayats Act of 1933, convicted the respondent Gurupadappa Appayyappa Kardesai of the offence of having contravened one of the bye-laws made under the Act and imposed a fine of Rs. 11/- on him in respect of it. He appealed to the Sessions Court, Belgaum, in Criminal Appeal No. 172 of 1957 on its file. The Sessions Court allowed the appeal, set aside the conviction and acquitted the respondent. Against that order of acquittal, the State has filed this appeal under Section 417 of the Code of Criminal Procedure.

(2.) On behalf of the respondent, a preliminary objection has been raised to the maintainability of this appeal. The contention on his behalf is that his appeal to the Sessions Court, the order in which is attacked in the appeal now before us, was presented to the Sessions Court under the provisions of Section 78 of the Bombay Act and that an order in appeal made under that section is, according to Section 79 of the Act, final and is not subject to any further appeal, revision or review, The answer on behalf of the appellant-State to this objection is two-fold; Firstly, it is stated that the provisions of the Bombay Village Panchayats Act whereby certain offences are made triable by the Nyaya Panchayats whose orders are made appealable to Sessions Courts, are matters of criminal procedure, the legislative competency in respect of which is governed by Entry 2 in concurrent List III of the VII Schedule of the Constitution. On this basis, it is contended that the principles of repugnancy stated in Article 254 of the Constitution come into play. It is stated that although originally the Act might have been reserved for the previous sanction by the Governor-General as indicated in its preamble and although the continued competent operation of the Act might have been preserved by virtue of Article 372 of the Constitution, the position must now be taken to have completely changed by reason of the amendment f the Code of Criminal Procedure carried by the Central Act XXVI of 1955. By virtue of this amendment which, according to the argument, is a subsequent legislation or further legislation by Parliament within the scope of the proviso occurring at the end of the Article, there is an implied repeal of the Bombay Law to the extent to which it concerns Itself with criminal procedure or at any rate; to the extent to which that law purports to take away the right of appeal by the State against an order of acquittal conferred upon it In general terms by Section 417 of the Code of Criminal Procedure. The second answer is really Implied in what is stated in the last preceding sentence, i.e. that although any further appeal against an order of the Sessions Judge under Section 78 of the Act is prohibited by Section 79, the Sessions Court being a criminal Court specifically mentioned in Section 6 of the Code of Criminal Procedure and therefore within the meaning of the term 'any Court" occurring in Sub-section (1) of Section 417, the State is entitled under that sub-section to prefer this appeal.

(3.) The provisions of the Bombay Village Panchayats Act relating to Nyaya Panchayats are contained in Chapter VI comprising Sections 37 to 58-A, Chapter VII comprising Sections 59 to 79 and Chapter VIII comprising Sections 80 to 88. Chapter VI deals with the constitution of the Nyaya Panchayats and the conferment of Jurisdiction on them. Nyaya Panchayat is a body of five persons elected by the Panchayat. The State Government is empowered to confer on a Nyaya Panchayat the jurisdiction to try certain suits and certain offences from out of those mentioned in Sections 39 to 41. Section 57 provides that notwithstanding anything contained in any law for the time being in force, no Court, subject to the provisions of Section 56, shan entertain any suit specified in Section 39 or take cognizance of any offence specified in Section 41, unless and until the District or the Sessions Court, as the case may be, has passed an order in writing under Section 77 or 87. Section 56 requires any Magistrate who receives a complaint of facts constituting an offence cognizable by a Nyaya Panchayat, to return the complaint for presentation to the Nyaya Panchayat having jurisdiction to try the same, unless reasons to the contrary are shown to the satisfaction of the Magistrate. Section 77 empowers the District Court or the Sessions Court on a reference by the Nyaya Panchayat to direct the transfer of a suit or case from the Nyaya panchayat to a competent criminal or civil Court as the case may be, on the ground of intricacy, difficulty or importance relating to the proceeding. Section 87 empowers the District Court or Sessions Court to quash any proceedings or cancel any degree or order of the Nyaya Panchayat in the circumstances of the case. Chapter VII contains detailed provisions prescribing the procedure which the Nyaya Panchayats are required to follow in suits and cases instituted before them. Chapter VIII deal? with the execution of decrees and orders of the Nyaya Panchayats.. This brief survey of the three Chapters of the Act clearly indicates that in. respect of certain matters Nyaya Panchayats are constituted into Courts exercising jurisdiction which, in their absence, would have been exercised by the ordinary Civil or Criminal Courts. It is a special jurisdiction conferred upon these specially constituted tribunals in accordance with the provisions of the Act already referred t0 by us. In respect of that special jurisdiction special procedure is also prescribed and only one appeal against the orders and decrees of the Nyaya Panchayats is allowed under this procedure.